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Ex-lacrosse players can pursue lawsuit against Nifong (Can't use bankruptcy to hide)
Raleigh News & Observer ^
| May 27, 2008
| Anne Blythe
Posted on 05/27/2008 3:22:21 PM PDT by abb
DURHAM Former District Attorney Mike Nifong will not be able to hide from a lawsuit in bankruptcy court, a federal judge ruled today.
The three exonerated lacrosse players who filed suit against the fallen prosecutor in October will be able to pursue their claims in federal civil court, Judge William L. Stocks ruled.
The ruling came more than a month after lawyers representing the players and Nifong presented their arguments in court.
Nifong was stripped of his law license and ousted from office last summer for his misconduct in the Duke lacrosse case.
Nifong was supposed to file a response to the players claims of malicious prosecution by Jan. 15. Instead, he filed for bankruptcy protection, listing potential debts of more than $180 million.
In late January, federal Judge James A. Beaty ordered that Nifong be dropped from the suit brought by Dave Evans, Collin Finnerty and Reade Seligmann, the three former Duke lacrosse players. The players fought phony gang-rape allegations for 13 months before the state attorney general declared them innocent of the charges against them.
Filing for bankruptcy puts any civil claims on hold while a bankruptcy judge sorts out the claims against the debtor.
Stocks said in his filing today that the bankruptcy court lacked the jurisdiction to hear the bulk of the players claims against Nifong.
In their lawsuit, the players allege that Nifong, the city of Durham, the DNA laboratory hired by Nifong and others associated with the case conspired to falsely charge them with gang-rape even though they knew that the allegations were a total fabrication.
anne.blythe@newsobserver.com or (919) 932-8471
TOPICS: Crime/Corruption; Extended News; News/Current Events; US: North Carolina
KEYWORDS: duke; dukelax; durham; nifong
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This just in.
1
posted on
05/27/2008 3:22:24 PM PDT
by
abb
To: abner; Alia; beyondashadow; Bitter Bierce; bjc; Bogeygolfer; BossLady; Brytani; bwteim; Carling; ..
2
posted on
05/27/2008 3:23:06 PM PDT
by
abb
(Organized Journalism: Marxist-style collectivism applied to information sharing)
To: abb
3
posted on
05/27/2008 3:24:18 PM PDT
by
elcid1970
(My cartridges are dipped in pig grease.)
To: abb
Good! This case is the perfect example of an overzealous prosecutor abusing his powers of discretion.
4
posted on
05/27/2008 3:24:58 PM PDT
by
IMissPresidentReagan
("If we were dog food, they'd take us off the shelf." Rep. Tom Davis on the "Republican Brand")
To: abb
I would hound the young “lady” until the end of her days as well. Garnish her welfare.
5
posted on
05/27/2008 3:26:07 PM PDT
by
doodad
To: IMissPresidentReagan
6
posted on
05/27/2008 3:26:57 PM PDT
by
rsobin
To: abb
Has Nancy Grace ever admitted that she was wrong on this?
To: abb
There is a song by Filter called "Hey Man Nice Shot". It's about the January 22, 1987, public suicide of Pennsylvania state treasurer Budd Dwyer, who shot himself during a press conference with a .357 magnum.
So all I would say to Mr. Nifong is this: "Hey man. Nice shot."
8
posted on
05/27/2008 3:28:45 PM PDT
by
Lazamataz
(Secondhand Aztlan Smoke causes drug addiction obesity in global warming cancer immigrant terrorists.)
To: abb
The players should just tell Durham that they will take 10% of their tax and grants revenue for the rest of their lives. It will be cheaper for the city in the long run.
9
posted on
05/27/2008 3:29:18 PM PDT
by
heywoodubuzzoff
(Electile Dysfuntion -- Can not get excited about any of the candidates.)
To: SeanOGuano
Has Nancy Grace ever admitted that she was wrong on this? No.
10
posted on
05/27/2008 3:30:14 PM PDT
by
abb
(Organized Journalism: Marxist-style collectivism applied to information sharing)
To: abb
Nail the gang of teachers and administrators who condemned the innocents as well. Rip their tenure out from their worthless asses.
11
posted on
05/27/2008 3:33:00 PM PDT
by
Proud_USA_Republican
(We're going to take things away from you on behalf of the common good. - Hillary Clinton)
To: All
The guy belongs in jail. This was discrimination at its’ worst.
12
posted on
05/27/2008 3:34:11 PM PDT
by
Sacajaweau
("The Cracker" will be renamed "The Crapper")
To: SeanOGuano
She never admits she was wrong, and she’s wrong about 90% of the time.
13
posted on
05/27/2008 3:34:13 PM PDT
by
darkangel82
(If you're not part of the solution, you are part of the problem. (Say no to RINOs))
To: abb
14
posted on
05/27/2008 3:35:46 PM PDT
by
Ron Jeremy
(sonic)
To: abb
Hey Nifong, You are screwed for the rest of your pathetic little life.These players should run him into the ground and use this as a way to send the message about wrongful prosecution.Somebody from a less than well to do family may not be so lucky.Lets face it these guys were put through the ringer and but for the wealth their families have could have gone to jail for a long,long time.
15
posted on
05/27/2008 3:35:52 PM PDT
by
imahawk
(Defeat liberalism, its the right thing to do for America.)
To: abb
very rarely do I root for a huge lawsuit but in this case I hope they WIN BIG TIME
16
posted on
05/27/2008 3:39:40 PM PDT
by
Mr. K
(Some days even my lucky rocketship underpants don't help)
To: abb
didn’t the “lady” who made the allegations recently get a college degree (funded by Jesse Jackson?) SUE HIM AS WELL
17
posted on
05/27/2008 3:41:19 PM PDT
by
Mr. K
(Some days even my lucky rocketship underpants don't help)
To: doodad
I would hound the young lady until the end of her days as well. Garnish her welfare.I'm only guessing they wouldn't persue anything civil or criminal action against her because they feel she is incompetent, for the lack of a better term.
The city of Durham, Duke University, the DBM, ought to pay for these kids lives and lifestyles for the rest of they're existance!
Remember, it wasn't just Nifong that persued these charges others knew these kids were innocent.
18
posted on
05/27/2008 3:41:23 PM PDT
by
sirchtruth
(Yes, Chef!)
To: heywoodubuzzoff
They’ll be able to sue for certain Durham citizens’ reparations money that will be available when Obama enacts reparations into being!
To: Mr. K
Yes, from NCCU in Durham. Jackson did not pay, to my knowledge even though he said he would.
20
posted on
05/27/2008 3:44:36 PM PDT
by
abb
(Organized Journalism: Marxist-style collectivism applied to information sharing)
To: abb
To: sirchtruth
I'm only guessing they wouldn't persue anything civil or criminal action against her because they feel she is incompetent, for the lack of a better term. Then probation to keep her on the straight, considering her lying under oath, false statements, etc.
22
posted on
05/27/2008 3:48:43 PM PDT
by
doodad
To: Mr. K; abb
didnt the lady who made the allegations recently get a college degree (funded by Jesse Jackson?) SUE HIM AS WELL Her degree is in (I kid you not) Criminal Psychology.
23
posted on
05/27/2008 3:54:21 PM PDT
by
buccaneer81
(Bob Taft has soiled the family name for the next century.)
To: SeanOGuano
Only humans can be right or wrong.
To: buck jarret
I mean, Nancy Grace is a robot. Hasn’t her network patented her?
To: abb
O
what a tangled web we weave,
when first we practice
to deceive.
Nifong's attempts at deception will cost him dearly.
[Go, guys! Sue him for every thing you can get out of him! Make his life as much of a hell as he made yours. Don't relent.]
26
posted on
05/27/2008 4:00:33 PM PDT
by
TomGuy
To: All
27
posted on
05/27/2008 4:04:41 PM PDT
by
abb
(Organized Journalism: Marxist-style collectivism applied to information sharing)
To: SeanOGuano
nancy grace had them hung before all the evidence was in
her pat answer was: “do you have a daughter?” when anyone said they maybe innocent....that did it for me, bye nancy.
28
posted on
05/27/2008 4:14:14 PM PDT
by
Taffini
(Mr. Pippin and Mr. Waffles do not approve)
To: sirchtruth
29
posted on
05/27/2008 4:24:44 PM PDT
by
Eddie01
(one more for the road is actually a really bad idea)
To: abb
....”Nifong will not be able to hide from a lawsuit in bankruptcy court, a federal judge ruled today.”
hee-hee
30
posted on
05/27/2008 4:33:02 PM PDT
by
toldyou
(Even if the voices aren't real they have some pretty good ideas.)
To: abb
Some real justice at last!!!! HOORAY
31
posted on
05/27/2008 4:43:31 PM PDT
by
parthian shot
(I can't stand much more of this!!)
To: abb
Good! Hope they annihilate that piece of ****.
32
posted on
05/27/2008 4:47:13 PM PDT
by
Sue Perkick
(And I hope that what I've done here today doesn't force you to have a negative opinion of me....)
To: Lazamataz
33
posted on
05/27/2008 4:48:49 PM PDT
by
Sue Perkick
(And I hope that what I've done here today doesn't force you to have a negative opinion of me....)
To: parthian shot
Some real justice at last!!!! HOORAY
I disagree. This is just a little crumb of justice. Real justice would have Nifong behind bars.
34
posted on
05/27/2008 5:00:08 PM PDT
by
fr_freak
(So foul a sky clears not without a storm.)
To: fr_freak
35
posted on
05/27/2008 5:00:58 PM PDT
by
abb
(Organized Journalism: Marxist-style collectivism applied to information sharing)
To: abb
and Nifong, takes another one in the..................HA ha!!!
36
posted on
05/27/2008 5:10:05 PM PDT
by
Chode
(American Hedonist ©® - CTHULHU/SHOGGOTH '08 = Nothing LESS!!!)
To: Eddie01
What if Nifong turns? Turns what, gay? I won't be satisfied until I hear reports of him being brutalized in prison. That's what he would have done to the lacrosse players in order to just win a freaking election.
37
posted on
05/27/2008 5:17:30 PM PDT
by
hunter112
(The 'straight talk express' gets the straight finger express from me.)
To: abb
Looks like the next time the Lacrosse team throws a party they will be coming out to the former prosecutors home.
38
posted on
05/27/2008 6:37:05 PM PDT
by
rwilson99
(Barrack Obama... more in common with Archie Bunker than Tiger Woods)
To: abb
GOOD!!!! Make an example of him. Then, the Gang of “Educators” at Duke. Then, Nancy Grace.
39
posted on
05/27/2008 6:38:32 PM PDT
by
Tigercap
(McCain. For Supreme Court judge nominations and WOT progress if nothing else.)
To: imahawk
Many, many months ago there was a story about the mother (or maybe the father) of one of the players standing on the courthouse steps saying Nifong you don't who you just picked a fight with.
40
posted on
05/27/2008 7:08:00 PM PDT
by
nomorelurker
(keep flogging them till morale improves)
To: abb
This news has made my day! I hope that low down good for nothing rotten trifling sorry excuse for a human being gets what he deserves.
Thanks abb for posting this! Hours later I’m still dancin’ :-)
41
posted on
05/27/2008 7:36:33 PM PDT
by
Sue Perkick
(And I hope that what I've done here today doesn't force you to have a negative opinion of me....)
To: SeanOGuano
>>Has Nancy Grace ever admitted that she was wrong on this?
I don’t think so, and the Daily Show segment about that is still hilarious.
Jon Stewert - College Lacross Report featuring Nancy Grace
http://tinyurl.com/292j4g
42
posted on
05/27/2008 7:37:06 PM PDT
by
FreedomPoster
(<===Non-bitter, Gun-totin', Typical White American)
To: Lazamataz
This reminds me of Henry “Nostrilitis” Waxman asking “What would Admiral Boorda do?”.
To: Chode
44
posted on
05/27/2008 9:30:06 PM PDT
by
toldyou
(Even if the voices aren't real they have some pretty good ideas.)
To: FreedomPoster
That Jon Stewart report on Nancy Disgrace was hilarious!
45
posted on
05/27/2008 9:31:49 PM PDT
by
toldyou
(Even if the voices aren't real they have some pretty good ideas.)
To: rwilson99
“Looks like the next time the Lacrosse team throws a party they will be coming out to the former prosecutors home.”
Do ya think he’ll have one?
46
posted on
05/27/2008 9:35:40 PM PDT
by
toldyou
(Even if the voices aren't real they have some pretty good ideas.)
To: nomorelurker
I remember that.She was less than pleased with nifong to say the least would’nt you say?
47
posted on
05/27/2008 10:30:07 PM PDT
by
imahawk
(Defeat liberalism, its the right thing to do for America.)
To: abb
48
posted on
05/28/2008 12:02:25 AM PDT
by
ltc8k6
To: fr_freak
It’s not over yet....I was just stating that at least Nifong will not be able to run from the injustice that he brought on the students.
49
posted on
05/28/2008 5:48:52 AM PDT
by
parthian shot
(I can't stand much more of this!!)
To: FreedomPoster
That was fantastic. Should be played over and over again.
50
posted on
05/28/2008 8:16:41 AM PDT
by
Tigercap
(McCain. For Supreme Court judge nominations and WOT progress if nothing else.)
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